Keystone XL opponents pledge to keep fighting 'zombie pipeline'

A decade-old effort to install an underground oil pipeline to move tar sands from Alberta, Canada to southern Nebraska was halted once again Thursday by a federal court in Montana.

The U.S. District Court for the Great Falls Division issued an injunction against the U.S. State Department and TransCanada Corporation ordering the co-defendants to cease all activity in furtherance of construction or operation of the proposed Keystone XL pipeline. The judge’s ruling blocks the project until its environmental impact can be more fully reviewed.

“We’ve come to call this the zombie pipeline. It just keeps coming back,” said Dallas Goldtooth, an organizer for one of the plaintiffs in the lawsuit, Indigenous Environmental Network. The group began opposing the project while it was under consideration by the Obama administration.

“This is a fight for the benefit of all life along the route of this pipeline,” Goldtooth said. “We look forward to keep on going until this project is dead and gone.”

‘They think they can control mother nature. They can’t’

The pipeline’s chances appeared bleak in 2015 after President Barack Obama rejected the project based on a seven-year Environmental Impact Study by the State Department’s Bureau of Oceans and International Environmental and Scientific Affairs. The study concluded that the extent of greenhouse gas emissions would depend on the future price of oil.

Banks of the Missouri River in Montana along proposed Keystone XL pipeline route Left to Right: NCRA President Frank Egger, attorney Steve Volker, and board member Larry Bragman. Credit: Frank Egger
Banks of the Missouri River in Montana along proposed Keystone XL pipeline route Left to Right: NCRA President Frank Egger, attorney Steve Volker, and board member Larry Bragman. Credit: Frank Egger

“We had done so much research during the previous four years that we were looking at litigating the Obama administration, if necessary,” Fred Egger, President of the Board of Directors for lead plaintiff North Coast Rivers Alliance, said. “We had breathed a sigh of relief, then President Trump comes along with the approval.”

In controversial moves weeks into his administration, President Donald Trump took steps to issue a cross-border permit required for TransCanada to move ahead with the project.

“Under the best of circumstances these pipelines are going to blow,” Egger said. “It’s not if, it’s when,” Egger said. “Where they are running the pipeline is under some of the most sensitive river systems in America.”

As proposed, sections of pipeline cross or run beneath 17 major bodies of water and 9 rivers, many of which Egger says are relied upon for clean drinking water.

“They think they can control mother nature. They can’t,” Eggar said.

Judge Brian Morris, who issued the injunction, said while the State Department did not breach certain duties allegedly violated under the National Environmental Policy Act, it failed in its duty to provide a “hard look” at current environmental issues in an updated Environmental Impact Study. Too much reliance, the court said, was placed on now-outdated research contained in the 2014 report.

Judge Morris ruled that the State Department must provide a reason for reversing course from its Obama-era decision, plus provide analysis on the following: The effect of current oil prices on the viability of the pipeline; cumulative effects of greenhouse gas emissions; a survey of potential cultural resources contained in 1,038 acres not addressed in the 2014 report; and updated modeling of potential oil spills and mitigation measures.

A spokesperson from the State Department said the department is aware of the order issued by the U.S. District Court for the District of Montana on November 8, 2018 and is still reviewing it. The spokesperson would not comment further due to ongoing litigation.

On Friday, Trump described the District Court’s order as “politically motivated” and a “disgrace.”

“We’re not giving up,” Goldtooth said. “We will be here until the very end to make sure this project does not get built.”

Alexis Keenan is a New York-based reporter for Yahoo Finance. She previously produced live news for CNN and MSNBC and is a former litigation attorney.

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